Madhu.T.K
Industrial Relations And Labour Laws

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
I have lodged a complaint on pg portal which mentioned company deducted my salary during the lockdown period.
After few days labour officer called to manager ask about the matter . Also I ask for the deducted salary matter with company owner on twitter because I don't have contact number of human resource .
After the labour officer telephonic conversation
with company. Labour officer said to me company are agree to paid your salary but
Company terminate me on the ground of misconduct .
Without hearing my side .
Also they are sent me a legal notice of defamation rs 10 lacs.

From India, Kair
Tweeting the policies is very unfortunate and not expected from an employee. It is true that employer has a moral responsibility to pay salary during lock down period. It is also true that company should be sensible and should attend the grievances of employees. the defence that you do not know the telephone number of the HR cannot be accepted. If you are aware of what the Apex Court of India has said when a few private employers challenged the order of the government that all private employers should pay full salary to their workmen for the period of lock down, you should not have tweeted the issue. I don't fully agree with the observations of the Court, but one thing is right, if you had not worked, you cannot demand salary.

Termination without offering an employee an opportunity to be heard is bad in law. But what provocated them to terminate you without an enquiry is your act of filing approaching the labour officer and your tweeting the issue. Termination can be challenged. Similarly, you can challenge the defamation suit also. I can't say what will be the future of defamation case. but you could be reinstated also. But that will take time. Till disposal you won't be able to join another company. Even if you get an offer, how can you join without a relieving order from this company? How can you attend the hearing when you re employed elsewhere?

I don't think that only your salary was kept on hold. Then why didn't others file such complaint before the Labour Officer? In the absence of Trade Union to protect you or speak for you, it is difficult for any employee to go with litigation which may take years to find a solution.

Therefore, the best possible way is to accept the mistakes, apologise, and get relieved

From India, Kannur
https://drive.google.com/file/d/1MV-...w?usp=drivesdk
Link of the recording n
First I have report to my manager he don't gave me a satisfy answer then human resource contact is not reachable.
So I directly connected with company's owner
On the evening of twite they directly terminate me .

From India, Kair

Attached Images
File Type: jpg Screenshot_20200623_144958.jpg (725.7 KB, 24 views)
Attached Files
File Type: zip Sirona Hygiene Pvt Ltd.zip (8.67 MB, 12 views)

sir,
i have a problem.. during the month of April 2020 i did't go to office for lockdown reason.
for this reason they not paid salary without any written intimation. due to not paying salary i did't go the office till 26.05.20. after joining they they ask not to come office till they call me again.
Now they send me enquiry letter and show cause about my absent in month of April and may 2020 and ready to terminate.
my question is it is the valid way of termination?

From India, Ballygunge
Yes, it is an illegal termination. But in this scenario what is the remedy? When the Supreme Court of India has said that the government should not take any action against the employers for not complying with the orders issued following the Disaster Management Act, how can any court which is lower than Supreme Court take your grievances? When you were asked to report to work, you should have reported, and then if you were not paid your salary for the period of lock down, you should have waited for he situation to improve little bit but you remained at home for the rest of the days. You should understand that the economic situation is very bad and in this circumstance you will not get any alternative employment. When the world is confused what to do, evn the GOD may not be able to help you. I think you should have acted more practically.
From India, Kannur
Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™